Burgos found guilty of first-degree murder, sentenced to life in prison

FALL RIVER — John Burgos, a reputed United Front gang member, will spend the rest of his life in prison after he was convicted Wednesday of first-degree murder in the death of Dana Haywood.

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By CURT BROWN

southcoasttoday.com

By CURT BROWN

Posted Nov. 11, 2010 at 12:01 AM
Updated Nov 11, 2010 at 7:04 AM

By CURT BROWN

Posted Nov. 11, 2010 at 12:01 AM
Updated Nov 11, 2010 at 7:04 AM

» Social News

FALL RIVER — John Burgos, a reputed United Front gang member, will spend the rest of his life in prison after he was convicted Wednesday of first-degree murder in the death of Dana Haywood.

Haywood, 31, a New Bedford resident, was shot July 4, 2005, near Monte Park in the South End.

Burgos, 25, stood impassively as Superior Court Judge Gary Nickerson gave him the mandatory life sentence with no chance of parole.

In his victim's statement to the court, Shawn Haywood, Dana's brother, spoke of conciliation and forgiveness despite the senseless killing of his baby brother.

He also expressed his sorrow for Burgos' mother.

"If anything good can come out of this, it's that everyone should start anew and try to respect each other," Haywood said, fighting back tears.

"Treat each other with respect. That's what respect is all about," he said.

Later, outside the courtroom, a Burgos family member thanked Haywood for his compassion.

As Burgos was led from the courtroom in handcuffs, a supporter called out to him, urging him to "be strong now."

Jurors found Burgos guilty of first-degree murder on the grounds of deliberate premeditation.

Earlier Wednesday morning, a juror was excused when he reported overhearing an "inappropriate" comment from the gallery. He was replaced with an alternate, and the judge — who would not discuss what the comment was — told the new jury to begin its deliberations from scratch.

That jury — consisting of seven women and five men — began deliberations at 10:45 a.m. and reached a verdict at 1 p.m.

During the weeklong trial, prosecutors said Burgos and William "Buddha" Payne, 22, shot and killed Haywood on Russell Street near the South Central park. Payne was gunned down in the South End on Feb. 3, 2008.

Prosecutors' key piece of evidence in the trial was a recording of a jailhouse conversation Burgos had with an informant, who was wired by the government. In that recording, Burgos admitted killing Haywood, claiming it was retaliation for the fatal drive-by killing of Cecil Lopes III on Halloween 2004.

Prosecutor Dennis Collins, while expressing his satisfaction with the verdict, said Dana Haywood wasn't responsible in any way for Lopes' death, which, along with Payne's death, is actively being investigated by the District Attorney's Office.

Dana Haywood "had nothing to do with Mr. Lopes' death," the prosecutor said.

Bristol County District Attorney C. Samuel Sutter expressed his condolences to the Haywood family and congratulated state and New Bedford police and members of his staff for their hard work in solving the case.

"I would first like to express my deepest sympathy to Dana Haywood's family for this senseless killing. At last, after more than five years, they have received a measure of justice they rightfully deserve," he said.

Sutter said this is the third conviction for first-degree murder his office has won in the three cold-case homicides they have tried.

"Those convictions would not have occurred without the leadership of my first assistant, William McCauley, who has led my cold case unit with his talent, drive and passion," he said.

Sutter also congratulated Collins, the trial prosecutor, for his "stellar and tenacious work" in winning a conviction.

Defense attorney John A. Amabile said he is "very disappointed" with the verdict.

"John Burgos has maintained his innocence since he was charged with the crime," he said.

"We respect the jury, but we're disappointed with the outcome."

Later, after the verdict, Shawn Haywood elaborated on his thoughts.

He said he and his other brother, Derek Haywood, miss Dana, but their pain is nothing compared to their mother's grief.

"When my brother died, my mother died with him," Shawn said.

But the family is working to find a sense of peace.

"Forgiveness is where it starts," he said. "You can't move on if you have hate in your heart."

According to his family, Dana Haywood had his own run-ins with the law earlier in his life but had turned himself around.

Shawn and Derek said Dana was especially proud of the summer basketball league he started and saw it as a way of providing opportunities for young people in his South Central neighborhood. Dana also used himself as an example that if he could change, they could do the same, his brothers said.

"He wanted to make a better life for the kids in the neighborhood," Shawn said.